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Judgment
It is just as well that the Court had required the Government of India to file its stand on affidavits as to how it assesses the situations that is the law and order situation and security arrangements, so that the work on the National Highway No. 2 goes on without interruption.
Two affidavits have been filed. One is by Shri Anil Baijal, Secretary, Ministry of Home Affairs, Government of India. In this affidavit in the first two paragraphs the Home Secretary submits that the security to the persons working on the Golden Quadrilateral project sites is the responsibility of the State Government, in the present case the State of Bihar. The relevant aspects are in paragraphs 3, 4 and 5. These are reproduced:
A report has been obtained from the Government of Bihar regarding security provided by them for the stretch. The Government of Bihar has informed that they have prepared a dedicated plan regarding the security arrangements in the Golden Quadrilateral Project in Bihar. The Government of Bihar has stated that adequate and comprehensive arrangements have been made to ensure an atmosphere free from fear, pressure etc. for the construction of the National Highways in Bihar. The security arrangements made by Government of Bihar were reviewed in Ministry of Home Affairs on 6.2.2004 where officers of Ministry of Road Transport and Highways and National Highways Authority of India provided inputs regarding augmentation of security at specific points. The Government of Bihar was provided with these inputs.
In view of the strengthening of security arrangements by Govt, of Bihar, it is felt that work on Golden Quadrilateral need not stop.
I may further state that maintenance of security is a dynamic concept and an ongoing process, and these security arrangements would have to be monitored from time to time by the Government of Bihar.
As a matter of setting the record straight the Court agrees with the Government of India that the work on Golden Quadrilateral need not stop. Let it also be understood that there is no submission from any quarters that the work should come to a halt. In fact, the concern of the Court is that the security arrangements should be such that the construction work goes on without interruption to complete the highway.
The next affidavit is of Shri A.V. Singh, Secretary, Ministry of Road Transport and Highways, Government of India. The relevant extract from this affidavit submits:
The State Government has made arrangements for security along the construction packages on National Highway No. 2 through the deployment of security personnel and mobile patrolling.
The Court notices from this affidavit that the State Government has made arrangements for security along the construction packages on National Highway No. 2 through the deployment of security personnel and mobile patrolling.
The original cause in the petition was that the Court notice (a) the death and the manner in which it was done of the Deputy General Manager and (b) the law and order situation on the stretch of the highway project under construction.
Once the Government of India has made statement and is satisfied that State of Bihar has received and put in the inputs, is taking care of the law and order situation and there has been deployment of security personnel and mobile patrolling, this matter should not remain pending nor linger.
Thus, the petition is consigned.